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New York Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for New York on
Q: Sealing a marriage record from the public

I'd like to know if it's possible in NY to seal from public record a fraudulent marriage (the fraud was not committed by me) from 1997 that continues to appear on public websites and google searches.

(Edited for additional context): I am concerned with sealing from the public... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Sep 7, 2024

In New York, divorce records are supposed to be sealed for 100 years. If they are not or if you want, you can petition the Court to seal the records. As for public websites or google - if your spouse or someone else gave them that information or somehow they go a hold of that information, it will... View More

0 Answers | Asked in Family Law and Education Law for New York on
Q: Is it legal for a school to say we are mandated by law to use their app for notices from the principle and teachers?

We had issues last year when we realized that my child’s teacher at the time was posting pictures she kept taking of the class on a school app that is used by the as well as all parents and listing my child’s full name and everything . And because we have privacy concerns since we have a... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: I’m not legally separated from my husband, but currently living in the basement do I have to pay him rent every month?

Living in the basement with my daughter.

David P. Badanes
PREMIUM
David P. Badanes
answered on Sep 5, 2024

If no divorce action or legal separation action has been started, then you do not have to pay rent to your husband.

However, you and your husband have a legal obligation to take care of your daughter (provide her food, shelter).

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: Is there a way to formally confirm an adult guardian’s appointment if no guardianship is filed in court?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: How can a false guardianship claim for an adult impact estate planning, and what steps protect everyone involved?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: How can I report an attorney who falsely claims to represent an adult guardian?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: What can I do if I think an attorney is falsely claiming to represent an adult guardian without any court documentation?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: How can I check with the court if an adult guardianship has been legally established without any public records?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Family Law and Estate Planning for New York on
Q: What happens legally if an attorney falsely claims to represent an adult guardian without any court records or evidence?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Estate Planning and Family Law for New York on
Q: What proof must an attorney provide to claim representing an adult guardian without a court-filed guardianship?

My father's lawyer claims that either she is the guardian over my father or represents the guardian of my father. We don't believe either of these are true.

0 Answers | Asked in Family Law for New York on
Q: Repeated violation of court orders

Supreme Court NY - Ex found in contempt disobey order to pay fees since dec '23, in contempt order from supreme, she is ordered to pay fees + interests immediately she now refused to comply w/ contempt order or pay any fees. We are back b4 judge on wednesday. She's also found to be... View More

0 Answers | Asked in Business Formation and Family Law for New York on
Q: I’d it possible starting a mobile dna test business in new york without a physician or court for paternity tests

I researched and it said that all legal n non legal dna medical test need a physician or court order but i see businesses without the mention of either. I’d there a way to do business if you have a new york certified lab doing the testing? i would only be collecting the samples

0 Answers | Asked in Family Law for New York on
Q: The father of 4 children has died and the children were not notified that their father was dying or had died.

They found out through a friend. There was child abuse: sexually, physically, and mentally involved so they did not keep in touch

with their father. What can they do now? There is a will. Can they contest it? What type of lawyer can help them get answers?

1 Answer | Asked in Family Law, Real Estate Law and Probate for New York on
Q: Hello, I want to know what my real estate and trustee rights are (I think?) for a family matter. Any help is appreciated

My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More

0 Answers | Asked in Family Law and Child Custody for New York on
Q: My daughter lives with my grandmother in Lajas, PR. She wants to move back with me to new York when she turns 18 next

Year. Can she just leave or do I have to go to court for custody even though she will be 18?

1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for New York on
Q: How do I remove my husband, whom I am divorcing (super early stages) from the NY rent-stabilized lease due for renewal?

My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More

Jack Mevorach
Jack Mevorach
answered on Aug 17, 2024

Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.

Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your...
View More

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...

1 Answer | Asked in Child Support and Family Law for New York on
Q: I am currently in arrears. I had 2 support orders. The second is SIGNIFICANTLY larger than the first.

I have been unemployed for 10 months now

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

There is no question here.

The asker must retain an attorney to file a petition for downward modification. However, his arrears will not disappear unless he can get the custodial parent to waive arrears in court before a support magistrate.

4 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for New York on
Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

Jack Mevorach
Jack Mevorach
answered on Aug 12, 2024

The simple answer is try to negotiate a solution. If not, you'll have to litigate. I recommend you retain a neutral mediator.

Jack

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